DBR ON DATA

Security, Privacy and Information Governance

Category: NIST



Georgetown Law Center Releases Report on Biometric Face Scans at Airport Departure Gates

Share

The Georgetown Law Center for Privacy & Technology released a report that takes a harsh look at the Department of Homeland Security (DHS)’s “Biometric Exit” program.  The “Not Ready for Takeoff: Face Scans at Airport Departure Gates” report  highlights the myriad number of privacy and fairness issues associated with the use of biometric data for screening and other purposes.   The Biometric Air Exit program uses biometric data to verify travelers’ identities as they leave the U.S. and has been deployed at Boston’s Logan International Airport and eight other airports.  The program is operated by DHS and uses photographs of passengers taken at the gate while boarding to verify travelers’ identities as they leave the country.  Prior to departure of an outbound international flight, DHS prepopulates the Traveler Verification Service (TVS) with biometric templates from the travelers expected on the flight.  TVS either confirms the travelers face or rejects the face as a “non-match.”  Non-matched travelers credentials will then be checked manually.

Continue reading

A.G. Schneiderman Announces SHIELD Act to Protect New Yorkers

Share

The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) was introduced in the New York legislature in early November and would amend New York’s state breach notification law.  The bill was announced after the release of a New York Office of the Attorney General report found a nearly 60% hike in data breaches affecting state residents in 2016 and following the Equifax breach in September, which A.G. Schneiderman is investigating.

Among other things, the SHIELD Act would:

  • Require reasonable security for private information, using standards tailored to the size of the business, while avoiding duplicate regulations and providing incentive to businesses that certify security compliance and provides clear examples of safeguards (e.g., technical, administrative, and physical measures).
  • Carve out “compliant regulated entities,” which are defined as those already regulated by, and compliant with, existing or future regulations of any federal or NYS government entity (including NYS DFS cybersecurity regulations; regulations under Gramm-Leach-Bliley; HIPAA regulations) by deeming them compliant with this law’s reasonable security requirement.
  • Provide safe harbor from AG enforcement actions under this law for “certified compliant entities,” (those with independent certification of compliance with aforementioned government data security regulations, or with ISO/NIST standards).
  • Provide a more flexible standard for small business (less than 50 employees and under $3 million in gross revenue; or less than $5 million in assets): requiring reasonable safeguards “appropriate to the [small business’s] size and complexity.

Continue reading

Legislative Spotlight: Self-Driving Cars Part 1

Share

The House of Representatives passed H.R. 3388, the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act” or the “SELF DRIVE Act” last month. The bill would remove regulatory barriers to develop self-driving or autonomous cars by giving the National Highway Traffic Safety Administration (NHSTA) authority to establish federal safety, design, and performance standards for automated cars, excluding commercial vehicles, such as trucks and buses. States would still be responsible for the vehicle registration, driver’s licensing, insurance, and safety and emissions inspections. The bill would also allow states to impose stricter performance requirements than those set by NHTSA.

We have outlined the privacy and cybersecurity provisions of this bill, as well as the NHTSA’s voluntary security standards for self-driving cars.

Continue reading

Beyond FERPA: Safeguarding Student Data Is Key Obligation for Postsecondary Educational Institutions

Share

Most institutions of higher education are very familiar with the Family Educational Rights Protection Act (FERPA), which applies to all state and local, public and private educational institutions that receive federal funds through programs administered by the U.S. Department of Education (ED). Unless at least one of FERPA’s exceptions applies, institutions risk sanctions from ED – including the potential loss of all federal funding – if they disclose a student’s personally identifiable information (PII) from an education record without the student’s express prior written consent.  Beyond FERPA, higher education institutions have additional legal responsibilities to assiduously secure and protect student data from inadvertent disclosure, particularly financial information maintained by an institution regarding students or their families.

Continue reading

Time to Focus on Cybersecurity in Health Care

Share

In the wake of the WannaCry global attack that impacted the U.K.’s National Health Service, the need to protect valuable health care data has never been more urgent. The U.S. government has begun to take steps in the right direction with the passing of executive orders on cybersecurity, the Cybersecurity Act of 2015, and the Government Accountability Office report on the Internet of Things.

Continue reading

Disrupting the Health Care Cybersecurity Model (or Lack Thereof): Health Care Industry Cybersecurity Task Force Calls Out Regulatory Barriers

Share

In a previous blog post, our team evaluated the draft recommendations prepared by the Health Care Industry Cybersecurity Task Force in its “Report on Improving Cybersecurity in the Health Care Industry.”  

We recently examined three of the six major recommendations in the report and their potential impact on the existing health care regulatory environment. These include:

  • HHS and a Comprehensive Health Care Security Framework
  • Government and Private Incentives to Migrate Vulnerable Health Care Providers to More Secure Environments
  • Development of Fraud and Abuse Exemptions to Foster Collaboration and Permit Shared Resources

For more insight, read our detailed review of the health care security recommendations above.

« Older posts

© 2018 Drinker Biddle & Reath LLP. All Rights Reserved. Lawyer Advertising.

Disclaimer/Privacy Policy